On March 1, 2021, The Divorce Act and the Children’s Law Reform Act were changed to legislate the duties of parents and others, putting deeper emphasis on considering and upholding the best interests of the child.
These legislated changes create legally imposed duties for parents and others who are seeking a role in the life of a child. This language can be overwhelming and confusing. And, since it is critically important that you understand your parental duties, we have outlined the updated legally-imposed duties below and defined what they mean exactly.
When you file court documents, you will need to include a certification that you understand each of these duties.
1. Acting in The Best Interest of The Child
When children are involved in a court matter, the paramount consideration has always been the best interest of the child. This paramount consideration has now been legislated as a “key duty”. This duty requires that any parent, or person with decision-making responsibility or contact with a child, act in the child’s best interest when exercising responsibilities to them. The best interest of the child also includes an analysis of any family violence or any civil or criminal proceeding that is relevant to the safety, security, and well-being of the child.
The duty to act in the best interest of the child is a multifactorial analysis that emphasizes the parent’s duty to act responsibly in any decision made that will impact the child. To do so, I encourage my clients to consider their situation from the eyes of their child or children.
2. Protecting Children From Conflict
Parents are obligated to keep children separate from any conflict that may be occurring between themselves and the other party. Children should not be made to felt that they must “take sides”, and children should not be involved in conversations that criticize the other parent.
For example, choose to have any conversations about divorce or parenting in the absence of the child/children. This includes talking to your best friend about an ex-partner on the phone when the kids are home. Your duty is to have zero critical conversations in the presence of children.
3. Using A Family Dispute Resolution Process
There is a similar duty that requires people to try and solve their family law issues outside of court. Alternative dispute resolution (ADR) may take the form of negotiation, mediation, arbitration, or collaborative law. There are many advantages to using one of these processes, particularly because you know your family and your children best. If a judge makes decisions for you and your family, your ability to impact the decision is limited. ADR gives you more flexibility.That said, ADR is not advisable where there is family violence, or power imbalances. Speaking to a family law lawyer can help you to decide the best approach for your individual family needs.
4. Providing Complete, Accurate and Up-To-Date Information
This duty is exactly as it sounds: You have a duty to provide complete accurate and up-to-date information so that parents and courts are able to make agreements or decisions with the most accurate information. This duty is particularly important for calculating child or spousal support. These calculations require accurate income disclosure.
5. Comply with Orders
While the obligation to follow court orders has always existed, it is now explicitly affirmed as a duty under the Divorce Act. Any individual subject to an order made under the Act must comply with it until the order is no longer in effect. This legislative update serves as a reminder that court orders are legally binding. Overall, the goal of this update is to promote greater accountability and adherence to court orders.
Non compliance can lead to serious legal consequences, including fines, cost awards in favour of the other party, or in extreme cases, imprisonment.
It’s important that you understand your legally-imposed duties. If you’re unsure, please reach out to us. We will gladly help you to both understand your duties and decide the best route forward for your family law matter. Give us a call at 905-523-6464 or email info@pjkjlaw.ca.
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